[Editorial] CU Reverses Stance in One Day, Must Engage in Negotiations Responsibly
Translated from Korean, summarized and contextualized by DistantNews.
TLDR
- CU's logistics subsidiary, BGF Logistics, reversed its stance on negotiations with the Cargo Workers' Union, calling it a "consultation" rather than a "negotiation" and filing for an injunction.
- The company denies recognizing the union's "employer status" despite its representative signing an agreement for "single negotiations" and a guarantee of "agreement implementation."
- The article argues that BGF Retail, as the de facto employer, should engage in good-faith negotiations, citing the "Yellow Envelope Law" and recent court rulings.
The recent actions by CU's logistics subsidiary, BGF Logistics, in reneging on its commitment to negotiate with the Cargo Workers' Union are deeply disappointing and demonstrate a blatant disregard for fair labor practices. The company's attempt to reframe a formal negotiation as a mere "consultation" and its subsequent filing for an injunction are tactics designed to evade responsibility and undermine the rights of its delivery workers.
This reversal, occurring just a day after an initial meeting, is particularly egregious given that BGF Logistics' representative had previously signed an agreement explicitly stating "single negotiations" and guaranteeing the "implementation of agreed-upon matters." The presence of representatives from the National Assembly, the Ministry of Land, Infrastructure and Transport, and the Ministry of Employment and Labor as witnesses to this agreement further highlights the company's duplicity.
BGF Retail's insistence on denying its "employer status" despite its clear de facto control over delivery workers' conditions โ dictating vehicle requirements, delivery routes, and even managing a performance-tracking app โ is disingenuous. The "Yellow Envelope Law," which emphasizes the obligation to negotiate when de facto control exists, and recent court precedents clearly indicate that BGF Retail is the principal party responsible for these workers.
The company's attempt to reframe a formal negotiation as a mere โconsultationโ and its subsequent filing for an injunction are tactics designed to evade responsibility and undermine the rights of its delivery workers.
From the perspective of Hankyoreh, this situation exemplifies a broader issue within the logistics and retail industries, where powerful corporations often attempt to distance themselves from the labor conditions of contract workers. The company's distorted claims about working hours and compensation also fail to acknowledge the reality faced by drivers, who are often forced to work excessive hours to earn a subsistence wage. The union's demands for reasonable working conditions, fair compensation, and the withdrawal of damages claims are not excessive but are basic rights that should be afforded to all workers.
BGF Retail, as the leading convenience store chain in Korea, has a responsibility to act as a model employer. Instead of seeking legal loopholes, the company should embrace its role as the primary negotiator and engage in good-faith discussions to resolve this dispute. The era of avoiding labor obligations through complex subcontracting structures is drawing to a close, and companies like BGF Retail must adapt to this new reality.
The era of avoiding labor obligations through complex subcontracting structures is drawing to a close, and companies like BGF Retail must adapt to this new reality.
Originally published by Hankyoreh in Korean. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.